USPTO Patents Application 09870801

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KEKER & VAN NEST, LLP
JOHN W. KEKER - #49092
HENRY C. BUNSOW - #60707
MICHAEL H. PAGE - #154913
710 Sansome Street
San Francisco, CA 941 1 1-1704
Telephone: (415)391-5400
Facsimile: (415)397-7188

INTERTRUST TECHNOLOGIES CORPORATION

DOUGLAS K. DERWTN - #1 1 1407

MARK SCADINA - #173103

JEFF MCDOW- #184727

4800 Patrick Henry Drive

Santa Clara, CA 95054

Telephone: (408) 855-0100

Facsimile: (408) 855-0144

Attorneys for Plaintiff and Counter-Defendant
INTERTRUST TECHNOLOGIES CORPORATION

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

INTERTRUST TECHNOLOGIES
CORPORATION, a Delaware corporation,

Plaintiff,

v.

MICROSOFT CORPORATION, a
Washington corporation,

Defendant.

Case No. C 01-1640 SB A (MEJ)

Consolidated with C 02-0647 SBA

[PROPOSED] FOURTH AMENDED
COMPLAINT FOR INFRINGEMENT OF
U.S. PATENT NOS. 6,185,683 Bl;
6,253,193 Bl; 5,920,861; 5,892,900;
5,982,891; 5,917,912; 6,157,721; 5,915,019;
5,949,876; 6,112,181; AND 6,389,402 Bl.

DEMAND FOR JURY TRIAL

AND COUNTER ACTION.

Plaintiff INTERTRUST TECHNOLOGIES CORPORATION (hereafter "InterTrust")
hereby complains of Defendant MICROSOFT CORPORATION (hereafter "Microsoft"), and
alleges as follows:

JURISDICTION AND VENUE

1 . This action for patent infringement arises under the patent laws of the United

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States, Title 35, United States Code, more particularly 35 U.S.C. §§ 271 and 281.

2. This Court has subject matter jurisdiction under 28 U.S.C. §§1331 and 1338(a).

3. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).

THE PARTIES

4. Plaintiff InterTrust is a Delaware corporation with its principal place of business
at 4750 Patrick Henry Drive, Santa Clara, California.

5. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft is a Washington Corporation with its principal place of business at One Microsoft
Way, Redmond, Washington.

6. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft does business in this judicial district and has committed and is continuing to commit
acts of infringement in this judicial district.

7. InterTrust is the owner of United States Patent No. 6,185,683 Bl, entitled
"Trusted and secure techniques, systems and methods for item delivery and execution" ("the
'683 patent"), duly and lawfully issued on February 6, 2001.

8. InterTrust is the owner of United States Patent No. 6,253,193 B 1, entitled
"Systems and methods for secure transaction management and electronic rights protection" ("the
'193 patent"), duly and lawfully issued on June 26, 2001 .

9. InterTrust is the owner of United States Patent No. 5 ,920,86 1 , entitled
"Techniques for defining, using and manipulating rights management data structures" ("the '861
patent"), duly and lawfully issued on July 6, 1999.

10. InterTrust is the owner of United States Patent No. 5,892,900, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the '900
patent"), duly and lawfully issued on April 6, 1999.

1 1 . InterTrust is the owner of United States Patent No. 5,982,891, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the '891
patent"), duly and lawfully issued on November 9, 1 999.

12. InterTrust is the owner of United States Patent No. 5,917,912 entitled "System

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and methods for secure transaction management and electronic rights protection" ("the '912
patent"), duly and lawfully issued on June 29, 1999.

13. InterTrust is the owner of United States Patent No. 6,157,721, entitled "Systems
and methods using cryptography to protect secure computing environments" ("the '721 patent"),
duly and lawfully issued on December 5, 2000.

14. InterTrust is the owner of United States Patent No. 5,915,019, entitled "Systems
and methods for secure transaction management and electronic rights protection" (the '019
patent"), duly and lawfully issued on June 22, 1999.

15. InterTrust is the owner of United States Patent No. 5,949,876, entitled "Systems
and methods for secure transaction management and electronic rights protection" ("the '876
patent"), duly and lawfully issued on September 7, 1999.

16. InterTrust is the owner of United States Patent No. 6,1 12,181, entitled "Systems
and methods for matching, selecting, narrowcasting, and/or classifying based on rights
management and/or other information" ("the '181 patent" ), duly and lawfully issued on August
29, 2000.

17. InterTrust is the owner of United States Patent No. 6,389,402 Bl, entitled
"Systems and methods for secure transaction management and electronic rights protection" ("the
'402 patent"), duly and lawfully issued on May 14, 2002.

FIRST CLAIM FOR RELIEF

1 8. InterTrust hereby incorporates by reference paragraphs 1 -7 as if restated herein.

19. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

20. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '683 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '683 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'683 patent under § 271(a) will continue unless enjoined by this Court.

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2 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '683 patent under
§ 271(a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '683 patent
under § 271(b) will continue unless enjoined by this Court.

22. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '683 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the '683 patent under § 271(c) will continue unless
enjoined by this Court.

23. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '683 patent in the manner described above in paragraphs 20 through 22,
and will continue to do so unless enjoined by this Court.

24. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

SECOND CLAIM FOR RELIEF

25. InterTrust hereby incorporates by reference paragraphs 1-6 and 8 as if restated

herein.

26. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281 .

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27. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the ' 193 patent under § 271(a), as identified in InterTrust' s Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '193 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'193 patent under § 271(a) will continue unless enjoined by this Court.

28. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the ' 193 patent under
§ 271(a), thereby inducing infringement of the * 193 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust' s
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '193 patent
under § 271(b) will continue unless enjoined by this Court.

29. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '193 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the '193 patent under § 271(c) will continue unless
enjoined by this Court.

30. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '193 patent in the manner described above in paragraphs 27 through 29,
and will continue to do so unless enjoined by this Court.

3 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of

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infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

THIRD CLAIM FOR RELIEF

32. InterTrust hereby incorporates by reference paragraphs 1 -6 and 9 as if restated

herein.

33. This is a claim for patent infringement under 35 U.S. C. §§271 and 281 .

34. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '861 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '861 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'861 patent under § 271(a) will continue unless enjoined by this Court.

35. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '861 patent under
§ 271(a), thereby inducing infringement of the '861 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '861 patent
under § 271(b) will continue unless enjoined by this Court.

36. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily mfringing the '861 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis

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alleges, that Microsoft's infringement of the '861 patent under § 271(c) will continue unless
enjoined by this Court.

37. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '861 patent in the manner described above in paragraphs 34 through 36,
and will continue to do so unless enjoined by this Court.

38. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

FOURTH CLAIM FOR RELIEF

39. InterTrust hereby incorporates by reference paragraphs 1-6 and 10 as if restated

herein.

40. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

41 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is mfringing the '900 patent under § 271(a), as identified in InterTrust' s Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '900 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'900 patent under § 271(a) will continue unless enjoined by this Court.

42. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '900 patent under
§ 271(a), thereby inducing infringement of the '900 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21 , 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '900 patent

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under § 271(b) will continue unless enjoined by this Court.

43. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '900 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the '900 patent under § 271(c) will continue unless
enjoined by this Court.

44. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '900 patent in the manner described above in paragraphs 41 through 43,
and will continue to do so unless enjoined by this Court.

45. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

FIFTH CLAIM FOR RELIEF

46. InterTrust hereby incorporates by reference paragraphs 1-6 and 1 1 as if restated

herein.

47. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

48. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '891 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '891 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'891 patent under § 271(a) will continue unless enjoined by this Court.

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49. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '891 patent under
§ 271(a), thereby inducing infringement of the '891 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '891 patent
under § 271(b) will continue unless enjoined by this Court.

50. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '891 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the '891 patent under § 271(c) will continue unless
enjoined by this Court.

5 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '891 patent in the manner described above in paragraphs 48 through 50,
and will continue to do so unless enjoined by this Court.

52. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

SIXTH CLAIM FOR RELIEF

53. InterTrust hereby incorporates by reference paragraphs 1-6 and 12 as if restated

herein.

54. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

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55. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '912 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the '912 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'912 patent under § 27 1 (a) will continue unless enjoined by this Court.

56. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '912 patent under
§ 271(a), thereby inducing infringement of the '912 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust 's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '912 patent
under § 271(b) will continue unless enjoined by this Court.

57. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '912 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21, 2002.. InterTrust is further informed and believes, and on that basis
alleges, that Microsoft's infringement of the '912 patent under § 271(c) will continue unless
enjoined by this Court.

58. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '912 patent in the manner described above in paragraphs 55 through 57,
and will continue to do so unless enjoined by this Court.

59. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of

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infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

SEVENTH CLAIM FOR RELIEF

60. InterTrust hereby incorporates by reference paragraphs 1-6 and 13 as if restated

herein.

61. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

62. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '721 patent under § 271(a), as identified in InterTrust's Patent Local
Rule 3-1 disclosures served on Microsoft on June 21, 2002. In addition, on information and
belief, InterTrust alleges that Microsoft is making and using other systems and/or is in the
process of developing other systems, which infringe the *721 patent under § 271(a). InterTrust is
further informed and believes, and on that basis alleges, that Microsoft's infringement of the
'721 patent under § 271(a) will continue unless enjoined by this Court.

63. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '721 patent under
§ 271(a), thereby inducing infringement of the '721 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Patent Local Rule 3-1 disclosures served on Microsoft on June 21, 2002. InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '721 patent
under § 271(b) will continue unless enjoined by this Court.

64. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '721 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Patent Local Rule 3-1 disclosures served on
Microsoft on June 21 , 2002.. InterTrust is further informed and believes, and on that basis

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alleges, that Microsoft's infringement of the '721 patent under § 271(c) will continue unless
enjoined by this Court.

65. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '721 patent in the manner described above in paragraphs 62 through 64,
and will continue to do so unless enjoined by this Court.

66. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

EIGHTH CLAIM FOR RELIEF

67. InterTrust hereby incorporates by reference paragraphs 1-6 and 14 as if restated

herein.

68. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

69. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '019 patent under § 271(a), as identified in InterTrust' s Draft Claim
Charts presented to Microsoft on June 21, 2002. In addition, on information and belief,
InterTrust alleges that Microsoft is making and using other systems and/or is in the process of
developing other systems, which infringe the '019 patent under § 271(a). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '019 patent
under § 271(a) will continue unless enjoined by this Court.

70. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '019 patent under
§ 271(a), thereby inducing infringement of the '019 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust' s
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the '019 patent under §

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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271(b) will continue unless enjoined by this Court.

71 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '019 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust' s Draft Claim Charts presented to Microsoft on
June 21, 2002.. InterTrust is further informed and believes, and on that basis alleges, that
Microsoft's infringement of the '019 patent under § 271(c) will continue unless enjoined by this
Court.

72. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully mfringing the '019 patent in the manner described above in paragraphs 69 through 71,
and will continue to do so unless enjoined by this Court.

73. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

NINTH CLAIM FOR RELIEF

74. InterTrust hereby incorporates by reference paragraphs 1-6 and 15 as if restated

herein.

75. This is a claim for patent infringement under 35 U.S.C. § § 27 1 and 28 1 .

76. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '876 patent under § 271(a), as identified in InterTrust's Draft Claim
Charts presented to Microsoft on June 21, 2002. In addition, on information and belief,
InterTrust alleges that Microsoft is making and using other systems and/or is in the process of
developing other systems, which mfringe the '876 patent under § 271(a). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '876 patent
under § 271(a) will continue unless enjoined by this Court.

13

[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1 640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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77. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '876 patent under
§ 271(a), thereby inducing infringement of the '876 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the '876 patent under §
271(b) will continue unless enjoined by this Court.

78. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '876 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Draft Claim Charts presented to Microsoft on
June 21, 2002. InterTrust is further informed and believes, and on that basis alleges, that
Microsoft's infringement of the '876 patent under § 271(c) will continue unless enjoined by this
Court.

79. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '876 patent in the manner described above in paragraphs 76 through 78,
and will continue to do so unless enjoined by this Court.

80. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

TENTH CLAIM FOR RELIEF

8 1 . InterTrust hereby incorporates by reference paragraphs 1 -6 and 1 6 as if restated

herein.

82. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 28 1 .

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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83. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the ' 1 81 patent under § 271(a), as identified in InterTrust's Draft Claim
Charts presented to Microsoft on June 21 , 2002. In addition, on information and belief,
InterTrust alleges that Microsoft is making and using other systems and/or is in the process of
developing other systems, which infringe the * 181 patent under § 271(a). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '181 patent
under § 271(a) will continue unless enjoined by this Court.

84. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '181 patent under
§ 271(a), thereby inducing infringement of the ' 181 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the '181 patent under §
271(b) will continue unless enjoined by this Court.

85. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the ' 181 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Draft Claim Charts presented to Microsoft on
June 21, 2002. InterTrust is further informed and believes, and on that basis alleges, that
Microsoft's infringement of the '181 patent under § 271(c) will continue unless enjoined by this
Court.

86. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the ' 181 patent in the manner described above in paragraphs 83 through 85,
and will continue to do so unless enjoined by this Court.

87. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of

15

[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SB A (MET), CONSOLIDATED WITH C 02-0647 SB A

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infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

ELEVENTH CLAIM FOR RELIEF

88. InterTrust hereby incorporates by reference paragraphs 1-6 and 17 as if restated

herein.

89. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 28 1 .

90. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '402 patent under § 271(a), as identified in InterTrust's Draft Claim
Charts presented to Microsoft on June 21, 2002. In addition, on information and belief,
InterTrust alleges that Microsoft is making and using other systems and/or is in the process of
developing other systems, which infringe the '402 patent under § 271(a). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '402 patent
under § 271(a) will continue unless enjoined by this Court.

9 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '402 patent under
§ 271(a), thereby inducing infringement of the '402 patent under § 271(b). InterTrust is further
informed and believes that Microsoft's inducement has at least included the manner in which
Microsoft has promoted and marketed use of its software and services identified in InterTrust's
Draft Claim Charts presented to Microsoft on June 21, 2002. InterTrust is further informed and
believes, and on that basis alleges, that Microsoft's infringement of the '402 patent under §
271(b) will continue unless enjoined by this Court.

92. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '402 patent under § 271(c) by providing software and
services especially made or especially adapted for infringing use and not staple articles or
commodities of commerce suitable for substantial noninfringing use, including at least the
software and services identified in InterTrust's Draft Claim Charts presented to Microsoft on
June 21 , 2002. InterTrust is further informed and believes, and on that basis alleges, that

16

[PROPOSED) FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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Microsoft's infringement of the '402 patent under § 271(c) will continue unless enjoined by this
Court.

93. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '402 patent in the manner described above in paragraphs 90 through 92,
and will continue to do so unless enjoined by this Court.

94. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

PRAYER FOR RELIEF
WHEREFORE, InterTrust prays for relief as follows:

A. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. §

271(a);

B. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '683 patent under 35 U.S.C. § 271(a);

C. That Microsoft be adjudged to have contributorily infringed the '683 patent under
35 U.S.C. § 271(c);

D. That Microsoft be adjudged to have willfully infringed the '683 patent under 35
U.S.C. §§ 271(a), (b), and (c);

E. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly mfringing the '683 patent;

F. That Microsoft be adjudged to have infringed the ' 193 patent under 35 U.S.C. §

271(a);

G. That Microsoft be adjudged to have infringed the '193 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '193 patent under 35 U.S.C. § 271(a);

///

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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H. That Microsoft be adjudged to have contributorily infringed the ' 193 patent under
35 U.S.C. § 271(c);

I. That Microsoft be adjudged to have willfully infringed the ' 1 93 patent under 35
U.S.C. §§ 271(a), (b),and (c);

J. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '193 patent;

K. That Microsoft be adjudged to have infringed the '86 1 patent under 35 U.S.C. §

271(a);

L. That Microsoft be adjudged to have infringed the '861 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '861 patent under 35 U.S.C. § 271(a);

M. That Microsoft be adjudged to have contributorily infringed the '861 patent under
35 U.S.C. § 271(c);

N. That Microsoft be adjudged to have willfully infringed the '861 patent under 35
U.S.C. §§ 271(a), (b),and(c);

O. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '861 patent;

P. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. §

271(a);

Q. That Microsoft be adjudged to have infringed the '900 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '900 patent under 35 U.S.C. § 271(a);

R. That Microsoft be adjudged to have contributorily infringed the '900 patent under
35 U.S.C. § 271(c);

S. That Microsoft be adjudged to have willfully infringed the '900 patent under 35
U.S.C. §§ 271(a), (b), and(c);

T. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained

18

[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1 640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '900 patent;

U. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. §

271(a);

V. That Microsoft be adjudged to have infringed the '891 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '891 patent under 35 U.S.C. § 271(a);

W. That Microsoft be adjudged to have contributorily infringed the '891 patent under
35 U.S.C. § 271(c);

X. That Microsoft be adjudged to have willfully infringed the '891 patent under 35
U.S.C. §§ 271(a), (b), and (c);

Y. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active conceit or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '891 patent;

Z. That Microsoft be adjudged to have infringed the '9 1 2 patent under 35 U.S.C. §

271(a);

AA. That Microsoft be adjudged to have infringed the '912 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '912 patent under 35 U.S.C. § 271(a);

BB. That Microsoft be adjudged to have contributorily infringed the '912 patent under
35 U.S.C. § 271(c);

CC. That Microsoft be adjudged to have willfully infringed the '912 patent under 35
U.S.C. §§ 271(a), (b), and(c);

DD. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly mfringing the '912 patent;

EE. That Microsoft be adjudged to have infringed the '72 1 patent under 35 U.S.C. §

271(a);

FF. That Microsoft be adjudged to have infringed the '721 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '721 patent under 35 U.S.C. § 271(a);

///

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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GG. That Microsoft be adjudged to have contributorily infringed the '72 1 patent under
35 U.S.C.§ 271(c);

HH. That Microsoft be adjudged to have willfully infringed the '721 patent under 35
U.S.C. §§ 271(a), (b), and(c);

II. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '721 patent;

JJ. That Microsoft be adjudged to have infringed the '019 patent under 35 U.S.C. §

271(a);

KK. That Microsoft be adjudged to have infringed the '019 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '019 patent under 35 U.S.C. § 271(a);

LL. That Microsoft be adjudged to have contributorily infringed the '019 patent under
35 U.S.C. § 271(c);

MM. That Microsoft be adjudged to have willfully infringed the '019 patent under 35
U.S.C. §§ 271(a), (b), and(c);

NN. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '019 patent;

OO. That Microsoft be adjudged to have infringed the '876 patent under 35 U.S.C. §

271(a);

PP. That Microsoft be adjudged to have infringed the '876 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '876 patent under 35 U.S.C. § 271(a);

QQ. That Microsoft be adjudged to have contributorily infringed the ' 876 patent under
35 U.S.C. § 271(c);

RR. That Microsoft be adjudged to have willfully infringed the '876 patent under 35
U.S.C. §§ 271(a), (b), and(c);

///
///

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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SS. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '876 patent;

TT. That Microsoft be adjudged to have infringed the ' 1 81 patent under 35 U.S.C. §

271(a);

UU. That Microsoft be adjudged to have infringed the ' 1 8 1 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '181 patent under 35 U.S.C. § 271(a);

VV. That Microsoft be adjudged to have contributorily infringed the ' 1 8 1 patent under
35 U.S.C. § 271(c);

WW. That Microsoft be adjudged to have willfully infringed the ' 1 8 1 patent under 35
U.S.C. §§ 271(a), (b), and (c);

XX. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the ' 181 patent;

YY. That Microsoft be adjudged to have infringed the '402 patent under 35 U.S.C. §

271(a);

ZZ. That Microsoft be adjudged to have infringed the '402 patent under 35 U.S.C. §
271(b) by inducing others to infringe directly the '402 patent under 35 U.S.C. § 271(a);

AAA. That Microsoft be adjudged to have contributorily infringed the '402 patent under
35 U.S.C. § 271(c);

BBB. That Microsoft be adjudged to have willfully infringed the '402 patent under 35
U.S.C. §§ 271(a), (b), and (c);

CCC. That Microsoft, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '402 patent;

DDD. That this Court award damages to compensate InterTrust for Microsoft's
infringement, as well as enhanced damages, pursuant to 35 U.S.C. § 284;
///

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA

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EEE. That this Court adjudge this case to be exceptional and award reasonable
attorney's fees to InterTrust pursuant to 35 U.S.C. § 285;

FFF. That this Court assess pre-judgment and post-judgment interest and costs against
Microsoft, and award such interest and costs to InterTrust, pursuant to 35 U.S.C. § 284; and

GGG. That InterTrust have such other and further relief as the Court may deem proper.

Dated: July _, 2002 KEKER & VAN NEST, LLP

By:

MICHAEL H. PAGE

Attorneys for Plaintiff and Counter

Defendant

INTERTRUST TECHNOLOGIES
CORPORATION

DEMAND FOR JURY TRIAL

Plaintiff InterTrust herby demands a trial by jury as to all issues triable by jury,
specifically including, but not limited to, the issue of infringement of United States Patent Nos.
6,185,683 Bl; 6,253,193 Bl; 5,920,861; 5,892,900; 5,982,891; 5,917, 912; 6,157,721;
5,915,019; 5,949,876; 6,112,181; and 6,389,402 B1.

Dated: July ,2002 KEKER & VAN NEST, LLP

JOHN W. KEKER

Attorneys for Plaintiff and Counter

Defendant

INTERTRUST TECHNOLOGIES
CORPORATION

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[PROPOSED] FOURTH AMENDED COMPLAINT FOR INFRINGEMENT OF U.S. PATENTS
CASE NO. C 01-1640 SBA (MEJ), CONSOLIDATED WITH C 02-0647 SBA